On The Detention Of The Two Modes Of Alternative Measures

Bail and guaranteed pending trial and residential surveillance are all forms of release before trial. The former is popular in Britain and USA, and is playing an important role in protecting defendants'rights and smoothing the criminal procedures. However, guaranteed pending trial and residential surveillance in our country is hardly satisfactory, like low applying rate, lacking remedy procedures, bad supervision in execution, etc. All the defects should be patched up, and obviously, referring to foreign legal system is a shortcut.The concept of"Measures Substituting Custody"here is referring to legal system of release before trial, including bail, guaranteed pending trial and residential surveillance. The two models of Measures Substituting Custody are going to be studied deeply, and are meaned to inspect bail's history and reality of Britain and USA. Then, the essay is going to find some universal disciplines and experiences to perfecting Measures Substituting Custody in China, according to Chinese condition.There are 4 chapters here. Chapter I is the overview of Measures Substituting Custody and its performances. The concept of Measures Substituting Custody is extended from Custody, then bail ,guaranteed pending trial and residential surveillance are all introduced. Chapter II is the theoretical foundation of Measures Substituting Custody. Three principles are proposed, following prodecessors: protecting human rights, public order, and proportion, among which principles of protecting human rights, public order are placed on focus, bedding for the following two models. Chapter III is studying the two models around the globe. It is beginned from the two virtues of Measures Substituting Custody, right or power, deriving the model of right dominating and model of power dominating. Then they are seperately discribed and compared to each other in dimensions of history and legislation. Chapter IV is suggestion consummating China's Measures Substituting Custody. The disadvantages of Chinese system are analyzed both in status and reasons. The countermeasures for disadvantages mainly in legislation are also proposed.